Apple Faces Potential $38 Million Fine in China as $1.6 Billion Lawsuit Over 'iPad' Trademark Proceeds

Tuesday February 7, 2012 6:57 am PST by Eric Slivka
iSmashPhone summarizes a pair of reports from China claiming that Apple is facing a potential 240 million yuan ($38 million) fine from governmental authorities over alleged trademark infringement involving the "iPad" name. The fine pales, however, in comparison to the $1.6 billion Proview Technology, which claims to own the name, is seeking to win in a series of lawsuits filed against Apple. Proview is also said to be seeking an apology from Apple and an injunction preventing the company from using the iPad name in China.


Proview first accused Apple of trademark infringement back in 2010, claiming that it had owned the mark in China since 2000 and seeking a settlement from Apple in the range of $800 million. Apple fired back with its own lawsuit claiming that it did own the "iPad" rights in China after having purchased European rights from Proview's parent company for just $55,000.

With Proview having filed a 10 billion yuan ($1.6 billion) suit against Apple in the meantime, Apple lost its suit when a court ruled that the Chinese rights had not been included in the purchase because the parent company did not hold the authority to sell them.

Apple is appealing the December ruling in favor of Proview, and any potential government fines or resolution to Proview's case against Apple appear to be waiting for that case to be resolved.

Related Roundup: iPad
Tags: China, Proview Technology
Buyer's Guide: iPad (Buy Now)
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*LTD*
105 months ago
That's rich, coming from China, of all places.
Rating: 43 Votes
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SlugBlanket
105 months ago



Bringing jobs over to them and now they turn back and bite you. Ouch!!! That's how communists (China) do things.


So by your reasoning, Capitalists wouldn't sue over possible trademark infringement ? That's idiots for you.
Rating: 15 Votes
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notjustjay
105 months ago

Apple should troll China and not sell iPads then. Make the country will suck Apple in a moist fashion.


And when the country makes it difficult for Apple to produce iPads, iPods, iPhones, MacBook Airs, MacBook Pros, Apple TVs, etc., etc. in its factories... then what?
Rating: 15 Votes
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likemyorbs
105 months ago
An apology from Apple? That's adorable that they think that's possible!
Rating: 15 Votes
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shadowhawk2020
105 months ago
Everyone here saying Apple should buy Proview. Doesn't Proview have to agree to be sold? Why would they with a 1.6 billion payday potentially around the corner?

I say change the name to democracy. Then all the Chinese people would want democracy...
Rating: 11 Votes
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garybUK
105 months ago
Shocking really, when China is renowned for stealing other people' s designs and making cheap knock off's
Rating: 11 Votes
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Gasu E.
105 months ago

That's just the fine. They are asking 1.6 billion in the lawsuit itself. I think Apple loses this one.


I don't know how things work in China. In a country with an actual legal system, you have to prove actual damages. Just asking for a random $1.6B when you have only suffered $5 in actual economic damage normally doesn't work.
Rating: 11 Votes
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xnu
105 months ago
thats unfortunate cookie

Apple should change the name in China of the iPad....

fuPad?
Rating: 11 Votes
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Thunderhawks
105 months ago

That's rich, coming from China, of all places.


Yes, the same country that copies everything they can get their hands on is now all of a sudden enforcing copyrights. LOL.

A clear money grab by a few:-(
Rating: 10 Votes
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charlituna
105 months ago

That's just the fine. They are asking 1.6 billion in the lawsuit itself. I think Apple loses this one.


Maybe not. Apple could win this, albeit perhaps out of China, by proving that the parent company was not upfront about not owning the rights in China when they sold the "global" rights to IPAD (which then transferred it to Apple). If the language says 'global' and not 'everywhere in the world that we own' then Apple could have a stand.

The trouble is that the Chinese courts are more likely to side with their own. It's like filing a patent suit in East Texas. Even if you are wrong, you'll like win because that district favors the folks that claim they were infringed upon. Which is why so many companies file there
Rating: 9 Votes

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